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Limitations
Section 181 of the Canadian Energy Regulator Act requires pipeline companies to obtain prior written Commission approval before selling, transferring, leasing, purchasing, acquiring, or amalgamating pipelines or abandoned pipelines.
Administrative False Claims and Procedures
This regulation implements the Program Fraud Civil Remedies Act of 1986, establishing administrative procedures for the Department of Energy to impose civil penalties and assessments against persons who submit false, fictitious, or fraudulent claims or statements. It defines key terms such as claims, statements, and benefits, and specifies the roles of Administrative Law Judges and investigating officials in the enforcement process.
Administrative Claims Under Federal Tort Claims Act
10 CFR Part 1014 establishes procedures for filing administrative claims under the Federal Tort Claims Act against the Department of Energy for personal injury, property damage, or death caused by negligent or wrongful acts of DOE employees. Claims must be submitted using Standard Form 95 to the appropriate DOE office, may be amended before final action, and may be filed by the injured party, property owner, estate representative, or authorized agent.
Role of the board of directors
Section 17 of the Canadian Energy Regulator Act establishes the board of directors' governance role, requiring it to provide strategic direction and advice to the Regulator while being prohibited from influencing specific Commission decisions or recommendations. The board may establish bylaws for its operations, with quorum defined as a majority of directors including the Chairperson.
Continuing violation
Under the Canadian Energy Regulator Act section 122, a violation that persists across multiple days is treated as a separate violation for each day of non-compliance, creating cumulative daily liability for continuing infractions.
Conditions
The Canadian Energy Regulator may impose any conditions it deems appropriate when issuing approvals for energy infrastructure projects, enabling tailored regulatory requirements specific to individual applications.
For greater certainty
Issuance of a Canadian Energy Regulator certificate or approval of plans, profiles, and books of reference does not exempt regulated companies from compliance with other provisions of the Canadian Energy Regulator Act.
Identification and Protection of Unclassified Controlled Nuclear Information
10 CFR Part 1017 implements the Atomic Energy Act's section 148 to identify and protect Unclassified Controlled Nuclear Information (UCNI)—unclassified information concerning nuclear facilities, materials, and weapons. It establishes minimum physical protection standards for UCNI documents, defines who may access such information, specifies review procedures for designation, and creates enforcement mechanisms for unauthorized dissemination penalties. The regulation applies to all persons authorized or seeking access to UCNI.
Error as to names
Section 209 of the Canadian Energy Regulator Act permits pipeline construction across designated lands despite errors or omissions in the book of reference regarding landowner names or property interests, without requiring correction of such documentation defects.
Regulations
Section 333 of the Canadian Energy Regulator Act grants the Regulator authority to establish regulations governing land acquisition, leasing, expropriation, and compensation for energy projects. The regulations may address compensation procedures, notice service requirements, acquisition processes, agreement terms, approval criteria, and filing of voluntary landowner agreements.
Annual report
The Canadian Energy Regulator's board must submit an annual report to the Minister within 120 days of each fiscal year end (March 31), detailing the Regulator's activities. The Minister must table the report in Parliament within 15 sitting days of receipt.
Role of Chairperson
Section 19 of the Canadian Energy Regulator Act defines the Chairperson's authority to preside over board meetings and perform assigned duties. The Vice-Chairperson may temporarily assume the role during absences but requires Governor in Council approval to act beyond 90 days.
Conflict of Interest Act
Section 22 of the Canadian Energy Regulator Act defines conflict of interest circumstances for the CEO, prohibiting ownership, shareholding, directorship, or involvement in hydrocarbon production, electricity generation/transmission, offshore energy operations, related securities, incompatible employment, and concurrent positions at the Regulator.
Ministerial arrangements
The Canadian Energy Regulator Act permits the Minister to enter into arrangements with Indigenous governing bodies to support regulatory purposes and delegate specified powers and functions to them. All arrangements must be published on the Regulator's website within 30 days of execution.
Powers — Inquiries Act
The Canadian Energy Regulator is granted all powers of commissioners under Part I of the Inquiries Act, enabling it to conduct inquiries and investigations with authority to examine witnesses and compel document production in carrying out its regulatory functions.
Definitions
Section 296 of the Canadian Energy Regulator Act establishes definitions for Part 2, defining 'authorization' as permission issued under section 298 and 'debris' as facilities, equipment, or systems placed during authorized work that were abandoned without authorization or displaced during operations. Provincial references in Part 2 apply to onshore areas of the Northwest Territories as defined in the Northwest Territories Act.
Time limit
The Canadian Energy Regulator must decide on oil and gas export licence applications within 180 days of receiving a complete application. The Minister may extend the deadline by up to 90 days, and the Governor in Council may grant further extensions. Time spent by applicants responding to information or study requests is excluded from the time limit calculation. Failure to meet the deadline does not affect the Regulator's jurisdiction or invalidate the licence.
Foreign Gifts and Decorations
10 CFR Part 1050 implements the Foreign Gifts and Decorations Act for Department of Energy and Federal Energy Regulatory Commission employees. It establishes policies and procedures for accepting, using, and disposing of gifts and decorations from foreign governments, defines key terms including employee, foreign government, gift, and decoration, and outlines compliance responsibilities and authorities for managing such gifts.
Commission
The Canadian Energy Regulator shall comprise up to seven full-time commissioners, with provision for part-time members, and must include at least one Indigenous full-time commissioner.
Public hearing
Section 202 of the Canadian Energy Regulator Act requires the Commission to hold a public hearing when written statements are filed regarding pipeline projects. The Commission must select a convenient hearing location with stated reasons, publish notice locally, notify statement-filers, and permit them and other interested parties to present representations. The Commission may inspect affected lands and may disregard frivolous, withdrawn, or bad-faith statements.
Public Information and Requests
10 CFR Part 1303 establishes Freedom of Information Act (FOIA) procedures for the U.S. Nuclear Waste Technical Review Board, including policies for public access to Board records, document inspection and copying procedures, designation of a FOIA Officer, and a public reading area in Arlington, Virginia. Records available for disclosure include Board rules, reports, meeting transcripts, and correspondence with Congress and DOE.
Reimbursement — measures taken by government institution
The Canadian Energy Regulator Commission may order pipeline operators to reimburse federal, provincial, municipal governments, Indigenous bodies, and other persons for reasonable costs incurred responding to unintended or uncontrolled releases of oil, gas, or other commodities from pipelines, even if costs exceed the operator's statutory liability limits.
Impact Assessment Act
The Canadian Energy Regulator must rule on exemption applications for federally-designated projects within seven days of the impact assessment decision statement being published. Standard procedural timelines are suspended during this expedited review period.
Where certificate required
Under Canadian Energy Regulator Act section 261, the Governor in Council may designate interprovincial power lines requiring certificates. No person may construct or operate a designated interprovincial power line without a valid certificate issued under section 262. The Governor may specify considerations the Commission must regard when deciding whether to issue certificates.
Issuance
The Canadian Energy Regulator must issue a permit authorizing electricity exportation upon application without a public hearing, unless the Governor in Council designates the application for special review. Applications must include prescribed regulatory information.
Suspension or revocation of permits or licences
The Canadian Energy Regulator Commission may suspend or revoke electricity export permits or licences if the holder requests revocation, consents to suspension, or breaches permit conditions. The Commission must provide written notice of alleged contraventions and grant the holder an opportunity to respond before enforcement action.
Powers of certain officers
Section 380 of the Canadian Energy Regulator Act grants customs officers enforcement authority over oil and gas imports and exports, conferring all powers under the Customs Act including search, seizure, detention, forfeiture, and condemnation to ensure compliance with export and import controls.
Quorum
Three commissioners constitute a quorum of the Canadian Energy Regulator Commission, subject to exceptions specified in sections 42(2), 45-47, and 48(2) of the Canadian Energy Regulator Act.
Publication
Applicants for energy projects must publish notices of their applications in the Canada Gazette and other Commission-designated publications. The Commission may waive this publication requirement if a critical electricity shortage outside Canada is caused by terrorist activity as defined in the Criminal Code.
Issuance
The Canadian Energy Regulator Commission may issue electricity export licences subject to Governor in Council approval. Before issuing, the Commission must consider interprovincial effects, confirm applicants have informed domestic buyers of available quantities and service classes, and given domestic buyers equal opportunity to purchase on comparable terms. Any existing permits are revoked if the export licence is denied.
Access Authorization
10 CFR Part 25 establishes procedures for granting, reinstating, extending, transferring, and terminating access authorizations for NRC licensees, certificate holders, contractors, and other personnel requiring access to classified information related to nuclear licenses, certificates, or NRC-regulated activities. Access authorization is an administrative determination of security clearance eligibility based on investigations conducted by designated security agencies.
General Domestic Licenses for Byproduct Material
10 CFR Part 31 establishes general licenses for commercial, industrial, research, educational, medical, and government entities to possess and use radioactive byproduct material in detection, measurement, gauging, and control devices, as well as light and ionized atmosphere-producing devices. General licensees must maintain manufacturer labeling, conduct leakage testing at six-month intervals, comply with 10 CFR Part 30 and related provisions, and follow all safety precautions.
Terms and conditions before July 3, 2013
Transitional provision establishing that terms, conditions, and approvals imposed before July 3, 2013 on international or interprovincial power lines under the former National Energy Board Act remain enforceable under the Canadian Energy Regulator Act. Constructors must comply with previously approved orders, regulations, plans, and specifications unless modified by the Canadian Energy Regulator.
Specific Domestic Licenses to Manufacture or Transfer Certain Items Containing Byproduct Material
10 CFR Part 32 establishes NRC licensing requirements for manufacturers and distributors of items containing byproduct material, including accelerator-produced radioactive material and radium-226 sources. It prescribes procedures for issuing specific domestic licenses, registration certificates for sealed sources and devices, and radiation safety information requirements for products distributed to exempt persons, general licensees, and medical-use licensees.
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
This regulation implements Title IX of the Education Amendments of 1972 to eliminate sex-based discrimination in education programs and activities receiving federal financial assistance. It defines key terms including educational institutions, federal financial assistance, applicants, and administratively separate units, and establishes compliance requirements for schools and universities accepting federal funding.
Laws of a province
Section 252 of the Canadian Energy Regulator Act establishes provincial regulatory authority over intra-provincial electricity transmission lines, granting provinces jurisdiction over location/routing, land acquisition and expropriation procedures, environmental impact assessments, environmental protection during construction and operation, and abandonment protocols.
Total amount
Section 165 of the Canadian Energy Regulator Act establishes a financial cap on total payments issued by the Regulator under subsection 164(1), limiting them to the portion determined by the Minister of Finance under subsection 171(2).
Physical Protection of Plants and Materials
10 CFR Part 73 establishes physical protection requirements for special nuclear material at fixed sites and in transit, and for plants using such material. The regulation prescribes design basis threats that safeguards systems must counter, including radiological sabotage and theft/diversion of strategic special nuclear material by adversaries with military training, weapons, explosives, vehicles, and cyber attack capabilities.
Reconsideration
Section 168 of the Canadian Energy Regulator Act allows the Tribunal to reconsider compensation decisions on its own motion or upon claimant application when extraordinary circumstances warrant reconsideration despite the public interest in finality. The Chairperson must notify all affected parties of any reconsideration proceedings.
Public Records
10 CFR Part 9 establishes the Nuclear Regulatory Commission's procedures for public records access and disclosure under the Freedom of Information Act, Privacy Act, Government in the Sunshine Act, and Social Security Number Fraud Prevention Act. It defines key terms, specifies communication procedures for FOIA and Privacy Act requests, confirms OMB approval of information collection requirements, and addresses record production in response to judicial subpoenas.
Material Control and Accounting of Special Nuclear Material
This regulation establishes material control and accounting requirements for special nuclear material (uranium-235, uranium-233, and plutonium) at licensed facilities. It applies to licensees possessing one gram or more of these materials and specifies reporting, recordkeeping, and control procedures based on material strategic significance and facility type, including enrichment facilities and transferred quantities.
Court of record
The Canadian Energy Regulator is established as a court of record with superior court powers, enabling it to compel witness testimony, demand document production, enforce orders, and inspect property. All proceedings must be handled expeditiously while maintaining procedural fairness and natural justice.
Power to act on own initiative
The Canadian Energy Regulator may independently initiate inquiries, hearings, and determinations on any matter within its statutory jurisdiction without requiring an external application or complaint.
Designation
The Governor in Council must designate one full-time commissioner as Lead Commissioner and another as Deputy Lead Commissioner of the Canadian Energy Regulator.
Power to review, vary or rescind — Commission
Section 69 of the Canadian Energy Regulator Act empowers the Commission and designated/inspection officers to review, vary, rescind decisions and orders, and re-hear applications. This authority excludes operating licences, authorizations under sections 382–383, and development plan approvals under the Canada Oil and Gas Operations Act.
Human Reliability Program
10 CFR Part 712 establishes the Human Reliability Program for DOE and NNSA to ensure individuals with access to nuclear materials, explosives, and facilities meet high standards of reliability and suitability. The program applies continuous evaluation to DOE/NNSA employees and contractors in designated positions, assessing conditions affecting judgment including substance abuse, mental/physical disorders, and security concerns.
Variation or transfer of permits or licences
The Canadian Energy Regulator Commission may vary or transfer permits and licences for electricity exportation either upon application or its own initiative. When doing so, the Commission may impose new or modified conditions it deems necessary to fulfil the Act's purposes and provisions.
Compliance with Floodplain and Wetland Environmental Review Requirements
10 CFR Part 1022 establishes DOE procedures for complying with Executive Orders 11988 and 11990 on floodplain management and wetland protection. It requires DOE to evaluate proposed actions in floodplains or wetlands, incorporate flood risk reduction and wetland preservation into planning and decision-making, ensure structures meet FEMA flood insurance standards, and provide public notice and opportunity for review of projects affecting these sensitive areas.
Regulations — Governor in Council
The Governor in Council and Canadian Energy Regulator are authorized to establish regulations governing electricity export permits and licences, including permit conditions, factors for permit designation and licence issuance decisions, inspection protocols for equipment and records, application information requirements, and measurement standards for electricity exportation.
Order in Council
The Governor in Council may issue orders placing supervision and control of designated oil or gas movement from specified areas under the Canadian Energy Regulator. While such an order is in force, persons moving designated oil or gas from the area must hold a licence under the relevant Division or comply with applicable regulations.